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ST 2009-03 - Sales and Use Tax: Sourcing - Issued December 2009; Updated July 2020

This release is being updated to reflect the addition of marketplace facilitators in the attached sourcing chart and remove outdated information. 

Sourcing does not determine taxability of the sale or, in the case of an out-of-state seller, whether the seller has nexus and is required to collect Ohio tax. The purpose of sourcing is to determine the location of the sale for sales tax purposes.  If a sale is taxable, the sourcing of the sale will determine the appropriate jurisdiction’s tax rate for the seller to charge.

Attached to this Information Release is a sourcing chart that can be used as a reference by Ohio vendors and out-of-state sellers in determining the proper sourcing of their sales, leases, and rentals to Ohio consumers.

Sales of Tangible Personal Property

Ohio vendors of tangible personal property will source their sales to Ohio consumers to the location where the vendors receive the order from the consumer. 

Vendors that make sales in Ohio, but do not make sales from a fixed location (e.g., transient vendors) will continue to source each sale to the location where the sale takes place.

For remote sales (e.g., mail order, telephone or online sales) made by Ohio vendors to Ohio consumers, the sale will be sourced to the location where the order is received. Note the sourcing is based on where the order is received, which is not necessarily the location from which orders are processed or shipped. If the order is received at a location outside Ohio, or the vendor does not capture the location where the order is received, the sale is treated as a sale from outside Ohio and sourced as noted below.

Sales made by Ohio vendors that the vendor sends or delivers to non-Ohio customers will continue to be treated as sales in interstate commerce and not subject to Ohio tax. However, vendors should check with the states into which they ship to determine if they are required to collect tax for those states.

Sales by out-of-state sellers to Ohio consumers will be sourced to the location where the consumer receives the tangible personal property that was sold. If this is not known to the seller, the seller should use an address of the consumer available from the seller’s business records.

Providers of Services

Sales of services should be sourced to the location where the consumer receives the service. Under Ohio law, a service is “received” where the customer makes first use of the service.  While this may be somewhat new terminology, it should be little change for most service providers. For example, repair services should be sourced to the location where the consumer gets possession of the repaired object. Data processing services will continue to be sourced to the location of the consumer where the service is received. Exterminating service would continue to be sourced to the location where the eradication of vermin takes place. Recreation and sport club memberships would continue to be sourced to the location of the club where the member makes use of the membership privileges. An employment service provided to a business would be sourced to the location where the employee is posted, if that is known to the service provider. If the location is not known, it would be sourced to the location of the consumer that the provider has in its records.  

For sourcing purposes, it does not matter whether the provider of the service is located in Ohio or outside Ohio. The relevant issue is where the consumer receives the service. 

Leases of Tangible Personal Property

Generally, leases are sourced to the primary location of the property at the time the tax is to be paid. However, there are variations, which are noted on the attached sourcing chart.  Lessors should be aware of the sourcing provisions for lease transactions. 

Marketplace Facilitators

R.C. 5741.05 requires marketplace facilitators to source sales they facilitate (other than sales of titled motor vehicles, titled watercraft, or titled outboard motor) to the location where the consumer receives the property or service that is sold.  However, for a marketplace facilitator’s direct (non-facilitated) sales, if the order is received in Ohio, the marketplace facilitator will source the sale to the location where the order is received.

Consumers

Consumers that purchase tangible personal property, and who remit Ohio sales tax to the seller at either the rate applicable where the order was received or where the consumer received the tangible personal property, will not be liable for any additional Ohio sales or use tax on that transaction. This eases the burden on consumers by eliminating the requirement that they determine additional use tax on transactions where the vendor has sourced the sale to its location.

The provisions of the above paragraph apply only to sales of tangible personal property. For sales of services, consumers must remit use tax based on the location of their use. If the rate at that location exceeds the rate charged by the service provider, the additional use tax must still be remitted.

If you have any questions regarding this information release, please contact our Taxpayer Services at 1-888-405-4039, or e-mail us through our Website: tax.ohio.gov.
 
OHIO RELAY SERVICES FOR THE HEARING OR SPEECH IMPAIRED:
Phone: 1-800-750-0750

Additional Resources

Additional Resources